Watkins v. Edwards
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. John Gregg. This was an action of trespass to try title, brought by the appellees, as administrators of Frost Thorn, deceased, against James E. Watkins and Seaborn J. Robinson, to recover one league and a half of land, a part of eleven leagues granted to Jose Peneda, by commissioner Vincente Aldete, on the 4th of April, 1834, and conveyed to the appellee’s intestate, by an act of sale, of the concession by virtue of which the…
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Appeal from Anderson. Tried below before the Hon. John Gregg. This was an action of trespass to try title, brought by the appellees, as administrators of Frost Thorn, deceased, against James E. Watkins and Seaborn J. Robinson, to recover one league and a half of land, a part of eleven leagues granted to Jose Peneda, by commissioner Vincente Aldete, on the 4th of April, 1834, and conveyed to the appellee’s intestate, by an act of sale, of the concession by virtue of which the said grant was issued, executed by Peneda on the 18th of September, 1830, before the Alcalde of Nacogdoches. At the…
1Opinion of the CourtWheeler, C. J.
Both plaintiffs and defendants claim to have derived their title from the same grantee from the government, the former by a conveyance from the grantee himself; the latter by subsequent purchase, and conveyance, from the heirs of the grantee. The defendants claim that they, and their immediate vendor, are innocent purchasers, without notice of the prior conveyance to the plaintiffs’ testator. Are they such innocent purchasers ?
To entitle a subsequent vendee to have a prior unregistered conveyance, postponed to his subsequent conveyance, it must appear: 1st. That he was a purchaser, bond fide;…
2Cases cited6 opinions
- Wethered v. BoonTexas Supreme Court · 1856
- Jewett v. PalmerNew York Court of Chancery · 1823
- Woods v. FarmereSupreme Court of Pennsylvania · 1838
- Nolen v. Heirs of GwynSupreme Court of Alabama · 1849
- McCaskle v. AmarineSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Permian Oil Co. v. SmithTexas Supreme Court · 1937
- Eylar v. EylarTexas Supreme Court · 1883
- Collum v. Sanger Bros.Texas Supreme Court · 1904
- Baldwin v. RootTexas Supreme Court · 1897
- Ramirez v. SmithTexas Supreme Court · 1900
81 more not listed; retrieve them via the Exa API.